The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-10-29
THE MURDER OF DE BURGER
Beginning of the Preliminary Trial of
James Haley and Bryant Bresnan.
Some Damaging Circumstantial Evidence Is
Elected, but the Defendants Will Proba-
bly, Be Able to Establish an Alibi.

Deem very unsatisfactory TO DOtn the coroner duu
the police. and although two men are charged with
the crime, those who have been following up
the various clews are almost much at sea as
they were before any investigation was made.
Even the police who arrested Haley and Bresnan
admit that the preponlerance Of the evidence
elected by the coroner is favorable to the
accused, and while efforts to be spared to
make strong case against the men, it is be-
lieved that it cannot be done. The only weak
point in their albi is that it is supported en-
tirely by the men who were associated with the
accused during their Saturday night spree.
Coroner Wagner does not take much stock in
the alibi. There is no doubt abons the murder
being premeditated and carefully planned" said
he, last evening Every bit Of evidence goes
to establish that fact. That being the case, the
men who did it had undoubtedly also planned
an alib1 1t is easy thing to do. and one that
can never be broken down may be prearranged.
This might have been done in this case"
DR.. Wagner has practically completed his in
vestigation. but he will not return verdict uu-s
til after the preliminary examination Is ended
No evidence taken yesterday, but the day
spent in tracing down stories that came
from different sources Since the investigation
began almost every mail has brought letters ana
postal cards to the from persons who
claimed to be able to assist him in getting at tho
facts relating to the crime. Nearly ali the per-
sons proffering assistance have either been sum-
monsd to appear before him. or have been Wis
tied personally. and but few of them have been
able to render any valuable assistance.
Yesterday morning an anonymous letter came
to the corner, stating that last Saturday night
three men engaged in fight on North Noble
street. and that they were undoubtedly the per-
~ r. 49,.
tire day was spent by Dr. Wagner in investi-.
eating the rumor, but he did not succeed in get
ting any valuable information. 1t was learned
that three men had engaged in Quarrel late
Saturday night, on Noble street. near Ohio. and
that one of them had been arrested. but there
evidence tending to show that they had
any connection with the murder of De Burger.
When haley was arrested on tuesday ne had
a very bad scratch on his face which the officers
believed he had received in the fight with the
driver. In his testimony before the coroner he
stated that he received the scratch Sunday even
ing from John Shea. In order to investigate
the truthfulness Of the statement the coroner
recalled Shea to last evening and questioned
him closely regarding the affair. He corrobor-
ated Haley in saying that he responsib Bile
for the scratch, which was made on Sunday
evening the corner of Merrill and West
streets He named John Harrington a wit
ness TO the affair.
The prosecution have procured another good
witness in the person of the wife OF Dr. Smith,
who first dressed D6Burgers wounds quite a
crowd gathered around the in ured while
his wounds were being dressed. and Mrs. Smith
remarked. 1T would be funny il the man who
hurt him here, wouldn't i'll" Soon after
this remark was made, some men standing near
the door sneaked out. and while Mrs Smith will
not talk now, it is said she may be able to iden-
tfy the men she saw in the room, and some de-
velopmepts Of an important nature may follow.
The preliminary examination of the men I'M
der arrest began yesterday morning. but was
continued another day after a little testimony
ha6 hAan taka hac IA w aprna inn
tant evidence not sufficiently developed TO be
brought forward. The Sd great
about the courtroom when the accused were
brought from jail, at IL o'clock. that the room
had to be cleared of everybody but the wit
nesses and those directly interested in the case.
Frank Wright. the city prosecutor was assisted
by H. c. Allen, the attorney for the street-car
company. and Charles Wilson, of the firm of
Duncan. Smith & Wilson appeared for the
cused The examina ton, so far as it progressed,
did not develop much that has not already been
brought out before the coroner.
The first witness Miss Emma Martin,
thirteen years of age, and. far known. the
only witness of the attack DeBureer She
told the same story she related before the cor
oner. of how she saw three men rush from
alley, first throw stones at the driver. and then
run forward and strike him with piece OF IRON :
After dragging him from the platform they
again disappeared in the alley. The tallest Of
the three men carried and used the piece of iron
.'Can you identify either of these men az the
ones you saw that night" was asked her by at
torney Allen.
more. and then pointing to Haley, said: II
think he looks like of them-the tallest one"
How about the other oneT was asked.
II don't know about him" was the reply.
She was subjected to very trying cross
examination by attorney Smith, but did not
change her original story in the least
Mrs n j. Houk. of No. 305 South Pennsyl-
vania street. was the next witness. 1t was up
on her statement that Haley, Bresnan, and
Lucid were arrested. Her story has been pub
lshed in full. and she made no material changes
n / n
Saturday night when she and her daughter re-
turned home from an errand. and as they passed
through the rear gate, which is near the j., NJ
& j. tracks they heard loud voices. Some one
threatening to do some person violence, and
a second member OF the party said, Like hi
you will" A few minutes later her husband
came home and when she opened the door to
let him in she saw two men. One stood facing her
under the caslight, and the other had his back
turned to her. The with his back to her
apparently carried something in his right hand.
She identified Bresnan the under the gas
light, and was positive she could not be mis-
taken. She asked if the coat ne yvore
was was the one he wore . '''e on the
night of the murder. and she said it was
Bresnan's home, was produced. and she said it
was the he wore that night. While she
could not identify Haley. she said he resembled
in size the man with his back to her-he was
large and broad-shoudered. 20.
The only other witnesses examined were DR..
carp who dressed the mans wounds, and Mrs.
snyder, VINO HrSt urSt 1ounO D6Burgef lying In
the street. Their testimony immaterial.
The examination will be resumed this morning
at 10 o'clock.
The street-car drivers are preparing to give a
ball for the benefit OF the murdered mans wife
and family Mrs. DeBureer and one of the
children are sick, and the family is IN destitute
circumstances. having depend wholly upon
charity for sustenance. If the bali is given,
tickets will be placed sale in several bust
ness houses around the city in order that people
may have a chance to contribute for the benefit
of the widow and her children.
Assault on Another Driver.
On Thursday night, R. E. Mann. driver of
street car No. 67, the Blake aud Noble street
line, was attacked by several men while coming
in his last trip. near the corner OF West and
Michigan streets. Several powders were hurled
at him, but he frightened the men away by call
in o loudly for helm and BLOWING q nolica whistle